Could Gueydan's elected police chief also work full time as its electric department superintendent?

Plain-English summary

Gueydan asked whether its elected police chief could keep a full-time appointment as superintendent of the town electric department. The Attorney General concluded that the two positions could not be held together under Louisiana's dual officeholding law.

The opinion applied LSA-R.S. 42:63(D), which barred a local elected official from holding employment in the same political subdivision. It said Gueydan's electric department, created by town ordinance, would itself be considered a political subdivision under LSA-R.S. 42:62, and concluded that its superintendent could not also serve as the town's elected police chief.

Currency note

This opinion was issued in 2002. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the elected police chief also be Gueydan's electric superintendent?
The AG said no. In the arrangement presented, the local elected position and full-time appointed electric superintendent position could not be held concurrently.

Which part of the dual officeholding law did the AG apply?
The opinion applied LSA-R.S. 42:63(D), including its restriction on an elected official's employment in the same political subdivision.

Did the opinion address a police chief employed by another town?
No. Gueydan asked about its own elected police chief's employment with its own electric department.

Background and statutory framework

The requester described an elected police chief with full-time work as an appointed electric department superintendent. The AG quoted LSA-R.S. 42:63(D)'s restrictions on a local elected official's second office and same-subdivision employment, and referred to LSA-R.S. 42:62's definition of a political subdivision.

Citations and references

• LSA-R.S. 42:63(D)
• LSA-R.S. 42:62

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/02-0241

Original opinion text

~tate o~
One American Place
DEPARTMENT OF JUSTICE
301 Main Street, Suite 1020
P.O Box 94005
CIVIL DIVISION
TEL.: (225) 219-7711
BATON ROUGE
FAX: (225) 219-7712

RICHARD P. ]EYOUB
70804-9005
AI-FORN EY GENERAL

AUG 0 i 2002
OPINION 02-0241

The Honorable Manson J. Saltzman
78: Officers - Dual Officeholding
Town of Gueydan
LSA-R.S. 42:63(D)
LSA-R.S. 42:62 Louisiana Dual Officeholding Law
600 Main Street
prohibits an individual from holding concurrently the
Gueydan, LA 70542
local elected position of police chief and the full-time
appointed position of superintendent of the electrical department
Dear Mayor Saltzman:

You have requested an opinion of this office as to whether an elected police chief can maintain full time employment as the appointed superintendent of the electric department for the Town of Gueydan.

Holding local elective office and local employment within the same political subdivision is prohibited under LSA-R.S. 42:63(D), as this statute provides:

No person holding an elective office in a political subdivision of this state shall at the same time hold another elective office or full-time appointive office in the government of this state or in the government of a political subdivision thereof. No such person shall hold at the same time employment in the government of this state, or in the same political subdivision in which he holds an elective office. In addition no sheriff, assessor, or clerk of court shall hold any office or employment under a parish governing authority or school board, nor shall any member of any parish governing authority or school board hold any office or employment with any sheriff, assessor, or clerk of court.

The electric department" is authorized by ordinance established by the mayor and Board of Alderman¯ Furthermore, the electric department under LSA-R.S. 42:62 would be considered a political subdivision defined in pertinent part as:

¯.. a parish, municipality, and any other unit of local government... authorized by law to perform governmental functions. (Emphasis added).

Accordingly, it is the opinion of this office that the Louisiana Dual Officeholding law prohibits an individual from holding concurrently the local elected position of

Page 2

The Honorable Manson J. Saltzman
OPINION 02-0241
Page 2

police chief and the full-time appointed position of superintendent of the electric
department. If we can be of further assistance, please advise.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

ANN EVANS WALL
Assistant Attorney General

RPI/AEW;dsc